Judge rules against wishes of the Junta and Town Hall

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This topic contains 6 replies, has 6 voices, and was last updated by Profile photo of katy katy 8 years, 3 months ago.

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  • #54251
    Profile photo of Anonymous
    Anonymous
    Participant

    My Spanish lawyer has just e-mailed me this link:
    http://www.diariosur.es/20080816/marbellaestepona/silencio-administrativo-permite-ocupar-20080816.html

    For those whose Spanish is not up to scratch (like me), here is a rough translation:

    A judge has ruled for the granting of a Licence of First Occupation (LFO) via the Administrative Silence Rule, allowing occupation of a block of apartments in San Pedro – that the Junta de Andalucia wants to demolish.

    The 61 homes at Los Jardines de la Costa are in two buildings constructed in an area of ‘parks and gardens’ which goes against the Junta’s 1986 PGOU plan, currently still in force until the new one is issued. Permission to build was given during the corrupt days of Juan Antonio Roca et al.

    The development has been sealed off on two occasions, and there are currently three appeals against the ASR rule being applied in the High Court of Justice of Andalucia – two by the Junta and one by the owners in ‘The Magnolia’ (neighbouring properties) who complain that they have suffered depreciation to their homes with this new illegal construction.

    The Marbella Town Hall had already overturned a previously-granted LFO by the AS rule but the court has now forced the Town Hall to grant the LFO because the council “has failed to respond in a timely manner.”

    Looks like a judge has overruled the wishes of the Town Hall and the Junta, and despite the case currently waiting appeals.

    It makes one wonder who is setting the agenda in Spain.

  • #85776
    Profile photo of Anonymous
    Anonymous
    Participant
    charlie wrote:
    My Spanish lawyer has just e-mailed me this link:
    http://www.diariosur.es/20080816/marbellaestepona/silencio-administrativo-permite-ocupar-20080816.html

    For those whose Spanish is not up to scratch (like me), here is a rough translation:

    A judge has ruled for the granting of a Licence of First Occupation (LFO) via the Administrative Silence Rule, allowing occupation of a block of apartments in San Pedro – that the Junta de Andalucia wants to demolish.

    The 61 homes at Los Jardines de la Costa are in two buildings constructed in an area of ‘parks and gardens’ which goes against the Junta’s 1986 PGOU plan, currently still in force until the new one is issued. Permission to build was given during the corrupt days of Juan Antonio Roca et al.

    The development has been sealed off on two occasions, and there are currently three appeals against the ASR rule being applied in the High Court of Justice of Andalucia – two by the Junta and one by the owners in ‘The Magnolia’ (neighbouring properties) who complain that they have suffered depreciation to their homes with this new illegal construction.

    The Marbella Town Hall had already overturned a previously-granted LFO by the AS rule but the court has now forced the Town Hall to grant the LFO because the council “has failed to respond in a timely manner.”

    Looks like a judge has overruled the wishes of the Town Hall and the Junta, and despite the case currently waiting appeals.

    It makes one wonder who is setting the agenda in Spain.

    I wonder if he is Japanese and just wishes to commit suicide. He will soon be looking for new employment.

  • #85777
    Profile photo of Anonymous
    Anonymous
    Participant

    Charlie, we know from past experience(cases) that the Judges are colluding with the developers. Presumably they don’t do these “favours” for nothing!!!

  • #85782
    Profile photo of Anonymous
    Anonymous
    Participant

    If you want to see where this is, check out this blog:
    Historias de una burbuja.com
    http://www.historiasdeunaburbuja.com

  • #85785
    Profile photo of Anonymous
    Anonymous
    Participant

    the town hall firstly granted the license (in exchange for a few $), the junta knew this and turned a blind eye and the judge has found that all the buyers have paid up for their properties (nearly a €1,000,000 each)in good faith some four years ago – why should innocent buyers pay the price for a crooked town hall/ inept junta !! anyway, if anything the complex is possibly one of the best looking projects built on the entire coast and adds a bit of cache to a shabby down at heel part of San Pedro beach!! the land was destined for gardens/ parks – San Pedro already has a few gardens/ parks paid for by us rate payers and within months end up totally trashed, full of grafiti, dog poos, etc – and no, I didn’t buy there!!

  • #85786
    Profile photo of Anonymous
    Anonymous
    Participant

    Well UBEDA, I would agree with you in most your comments, but don’t forget about the houses next door!!! as the blog http://www.historiasdeunaburbuja.com says, nobody talks about the houses next to it, that were supposed to have a green area there!

  • #85788
    Profile photo of katy
    katy
    Spectator

    There are a few debates going on in various parts of Marbella which are similar to this. A block in Marbella will not be demolished although the people next door have lost their natural light, some having terraces on a few metres from theirs.

    I have grave doubts about this Mayor and her mates. She seems very similar to the last one. Including her fondness of dressing-up and appearing in photos of “opening nights” for bars and restaurants. Her head in sand antics actually helps the corrupt by doing nothing.

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